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District of Columbia Official Code 2001 Edition. |
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Division VIII. General Laws. |
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Title 50. Motor and Non-Motor Vehicles and Traffic. |
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Subtitle IV. Motorized Vehicle Registration, Inspection, Licensing. |
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Chapter 13. Motor Vehicle Owners and Operators Responsibility. |
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Subchapter II. Administration of Chapter.
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(a) The Mayor shall administer and enforce the provisions of this chapter. The Mayor may issue rules necessary to implement the provisions of this chapter, including, but not limited to, the amendment and revision of Chapter 8 of 18 DCMR. The fee for the reinstatement of a license or of a registration certificate shall be $98.
(b) The Mayor shall receive and consider any pertinent information upon request of persons aggrieved by their orders or acts under any of the provisions of this chapter.
(c) The Mayor shall prescribe and provide suitable forms requisite or deemed necessary for the purpose of this chapter.
(d) The Mayor shall retain records required for the administration of this chapter for a period of 5 years, after which the Mayor may destroy or otherwise dispose of such records.
(e) Nothing in this chapter shall diminish or affect, or be construed to diminish or affect any rights, duties, or obligations of any person under the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982.
(May 25, 1954, 68 Stat. 121, ch. 222, § 3; Sept. 8, 1960, 74 Stat. 862, Pub. L. 86-730, § 1; Oct. 31, 1969, 83 Stat. 175, Pub. L. 91-106, title IV, § 406; Apr. 3, 1982, D.C. Law 4-97, § 3, 29 DCR 765; Sept. 18, 1982, D.C. Law 4-155, § 14(c)(1), 29 DCR 3491; Aug. 2, 1983, D.C. Law 5-24, § 7, 30 DCR 3341; June 5, 2003, D.C. Law 14-307, § 1704(a), 49 DCR 11664.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-403.
1973 Ed., § 40-419.
Effect of Amendments
D.C. Law 14-307, in subsec. (a), substituted "$98" for "$30".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1704(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) amendment of section, see § 1704(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 1704(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
Legislative History of Laws
Law 4-97 was introduced in Council and assigned Bill No. 4-337, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on January 12, 1982, and January 26, 1982, respectively. Signed by the Mayor on February 9, 1982, it was assigned Act No. 4-155 and transmitted to both Houses of Congress for its review.
Law 4-155 was introduced in Council and assigned Bill No. 4-140, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted first, amended first, second amended first, and second readings on May 11, 1982, May 25, 1982, June 8, 1982, and June 22, 1982, respectively. Deemed approved without Mayoral signature upon expiration of the Mayoral review period on July 22, 1982, it was assigned Act No. 4-226 and transmitted to both Houses of Congress for its review.
Law 5-24 was introduced in Council and assigned Bill No. 5-169, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 1983, and on May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-41 and transmitted to both Houses of Congress for its review.
For Law 14-307, see notes following § 50-1212.
References in Text
The "Compulsory/No-Fault Motor Vehicle Insurance Act of 1982", referred to at the end of subsection (e) of this section, is D.C. Law 4-155.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(294) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) Any order or act of any agent of the Mayor under the provisions of this chapter shall be subject to review by the Mayor. Application for review of any such order or act shall be in writing and shall set out in detail the reasons for such review. Such application shall be filed with the Mayor within 5 days after the issuance of the order or occurrence of the act in question. If upon review the Mayor shall sustain such order or act, the same shall become effective immediately.
(b) Any person whose license or motor vehicle registration shall be denied, suspended, or revoked by the Mayor under the provisions of this chapter may, within 30 days after such denial, revocation, or suspension has been reviewed by the Mayor and sustained by him, file in the District of Columbia Court of Appeals an application for the allowance of an appeal from the order or decision of the Mayor. Appeal shall be as provided in subchapter I of Chapter 5 of Title 2.
(d) For the purposes of this section, the phrase "review by the Mayor" shall mean a review by the Mayor of the District of Columbia or a review by any board of review established by the Mayor of the District of Columbia to review the order or act of any agent of the Mayor pursuant to the provisions of this chapter. No member of such board of review established by the Mayor shall review any of his own orders or acts.
(May 25, 1954, 68 Stat. 122, ch. 222, § 4; Aug. 28, 1958, 72 Stat. 954, Pub. L. 85-792, § 3; July 8, 1963, 77 Stat. 78, Pub. L. 88-60, § 6; July 29, 1970, 84 Stat. 583, Pub. L. 91-358, title I, § 163(h); Apr. 26, 1977, D.C. Law 1-133, title I, § 101, 23 DCR 9697; Apr. 20, 1999, D.C. Law 12-264, § 43(b), 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-404.
1973 Ed., § 40-420.
Legislative History of Laws
For legislative history of D.C. Law 1-133, see Historical and Statutory Notes following § 50-1501.02.
For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 50-1301.02.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a)(1) The Mayor shall, upon request, furnish any person a certified abstract of the District of Columbia operating record of any person subject to the provisions of this chapter, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved and reference to any convictions of said person for violation of the motor vehicle laws as reported to the Mayor and a record of any vehicles registered in the name of such person. The Mayor shall collect for each abstract the sum of $7.
(2) The Department of Motor Vehicles and the Office of the Attorney General for the District of Columbia are authorized to certify, for any purpose, an operating record abstract.
(b) The Mayor shall upon request furnish any person an uncertified abstract of the District operating record of any person subject to the provisions of this chapter, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved and reference to any convictions of said person for violation of the motor vehicle laws, as reported to the Mayor. The Mayor shall collect for each such uncertified abstract a sum equal to the cost to the District of furnishing such abstract, as such cost may be determined by the Mayor from time to time.
(May 25, 1954, 68 Stat. 122, ch. 222, § 5; Apr. 3, 1982, D.C. Law 4-97, § 4, 29 DCR 765; Aug. 17, 1991, D.C. Law 9-30, § 5, 38 DCR 4215; June 5, 2003, D.C. Law 14-307, § 1704(b), 49 DCR 11664; Apr. 8, 2005, D.C. Law 15- 307, § 202, 52 DCR 1700.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-405.
1973 Ed. § 40-421.
Effect of Amendments
D.C. Law 14-307, in subsec. (a), substituted "$7" for "$5".
D.C. Law 15-307, in subsec. (a), designated the existing text as par. (1), and added par. (2).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 109 of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1704(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) amendment of section, see § 1704(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 1704(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
Legislative History of Laws
For legislative history of D.C. Law 4-97, see Historical and Statutory Notes following § 50-1405.01.
Law 9-30, the "District of Columbia Motor Vehicle Services Fees Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-163, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-57 and transmitted to both Houses of Congress for its review.
For Law 14-307, see notes following § 50-1212.
For Law 15-307, see notes following § 50-904.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) A certified copy of any record of the Department of Motor Vehicles shall be deemed authentic without further testimony as evidence in any judicial proceeding or administrative hearing.
(b) The Director may satisfy a Superior Court subpoena directed to the production of documents by providing a duly authenticated copy of any record or other document in the possession of the Department in the form of a photocopy, computer printout, or reproduction of an electronically digitalized or recorded document or information, irrespective of the existence of a corresponding original document.
(May 25, 1954, 68 Stat. 122, ch. 222, § 5a, as added Mar. 14, 2007, D.C. Law 16-279, § 103(a), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-279, see notes following § 50-312.
The Mayor shall furnish to any person who may be injured in person or property by any motor vehicle, upon written request, a statement that the owner or operator of any motor vehicle has furnished evidence of his ability to respond in damages in accordance with the provisions of this chapter, and if such owner or operator shall have furnished evidence of having had in effect at the time of such injury or damage a motor vehicle liability policy, the name and address of the insurance carrier writing such policy. The Mayor shall collect for each abstract the sum of $7.
(May 25, 1954, 68 Stat. 122, ch. 222, § 6; Mar. 14, 2007, D.C. Law 16-279, § 103(b), 54 DCR 903.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-406.
1973 Ed., § 40-422.
Effect of Amendments
D.C. Law 16-279 increased the abstract fee from $2 to $7.
Legislative History of Laws
For Law 16-279, see notes following § 50-312.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) The operation by a nonresident or by his agent of a motor vehicle on any public highway of the District of Columbia shall be deemed equivalent to an appointment by such nonresident of the Mayor or his successor in office to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against such nonresident growing out of any accident or collision in which said nonresident or his agent may be involved while operating a motor vehicle on any such public highway, and said operation shall be a signification of his agreement that any such process against him, which is so served, shall be of the same legal force and validity as if served upon him personally in the District of Columbia. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the Mayor or in his office, and such service shall be sufficient service upon the said nonresident; provided, that the plaintiff in such action shall first file in the court in which said action is commenced an undertaking in form and amount, and with 1 or more sureties, approved by said court, to reimburse the defendant, on the failure of the plaintiff to prevail in the action, for the expenses necessarily incurred by the defendant, including a reasonable attorney's fee in an amount to be fixed by the said court in defending the action in the District of Columbia, except that nothing contained in this proviso shall be construed to require the United States or the District of Columbia to file the undertaking hereby required; and provided further, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff, or his attorney, to the defendant, and the defendant's return receipt appended to the writ and entered with the declaration, or such notice of such service and a copy of the process may be served upon the defendant in the manner provided by § 13-108. The court in which the action is pending may order such continuances as may be necessary to afford the defendant a reasonable opportunity to defend the action, and no judgment by default in any such action shall be granted until at least 20 days shall have elapsed after service upon the defendant, as hereinabove provided, of a copy of the process and notice of service of said process upon the Mayor.
(b) For the purposes of this section:
(1) The term "operation" as used in connection with a motor vehicle includes any use as well as any operation of such vehicle.
(2) The term "nonresident" shall include any person who is not a resident of the District of Columbia and who was the owner or operator of a motor vehicle at the time such vehicle was involved in an accident or collision in the District of Columbia, and includes any such person who was a resident of the District of Columbia at the time such motor vehicle was involved in such accident or collision but who subsequently became a nonresident of the District of Columbia and is a nonresident thereof at the time process is sought to be served on him as a result of such accident or collision.
(c) The appointment of the Mayor or his successor in office to be the true and lawful attorney for such nonresident as provided by this section shall be irrevocable and binding upon the executor, administrator, or other personal representative of such nonresident. Where a nonresident has been served in accordance with this section and he dies thereafter, the court must allow the action to be continued against his executor, administrator, or other personal representative upon motion, and with such notice as the court deems proper. Except as otherwise provided in the 2 preceding sentences, service of process may be made on the executor, administrator, or other personal representative of a nonresident in the same manner as is provided in this section in the case of a nonresident.
(May 25, 1954, 68 Stat. 123, ch. 222, § 7; Aug. 28, 1958, 72 Stat. 954, Pub. L. 85-792, § 4.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-407.
1973 Ed., § 40-423.
References in Text
Section 13-108, referred to in subsection (a) of this section, was repealed by the Act of December 23, 1963, 77 Stat. 620, Pub. L. 88-241.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Whenever any motor vehicle, after the passage of this chapter, shall be operated upon the public highways of the District of Columbia by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall in case of accident, be deemed to be the agent of the owner of such motor vehicle, and the proof of the ownership of said motor vehicle shall be prima facie evidence that such person operated said motor vehicle with the consent of the owner.
(May 25, 1954, 68 Stat. 123, ch. 222, § 8.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-408.
1973 Ed., § 40-424.
(May 25, 1954, 68 Stat. 123, ch. 222, § 9; Sept. 18, 1982, D.C. Law 4-155, § 14(e), 29 DCR 3491.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-409.
1973 Ed., § 40-425.
Legislative History of Laws
For legislative history of D.C. Law 4-155, see Historical and Statutory Notes following § 50-1301.03.
